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(영문) 수원지방법원 2018.01.12 2016고단7673
사기
Text

Defendant

A shall be punished by imprisonment with prison labor for a year and six months.

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The instant facts charged were corrected ex officio to the extent that the Defendant did not materially disadvantage the Defendant’s defense right.

"2016 Highest 7673" - Defendant A

1. The criminal defendant against the victim F is the representative director of the GG who executes and executes real estate construction.

On December 11, 2012, the Defendant, at the office of (ju) G in Gangnam-gu Seoul Metropolitan Government H building 6th floor, intends to build and sell a “J” officetel in Chungcheongnam-gun I to sell it to the victim F.

1 It was false to the effect that the initial 90 million won per household was caused, and that the sales of the units of 1006 and 1007 are in excess of 59 million won each, respectively, to realize profits by disposing of the units of 90 million won per normal selling price within three months.

However, in fact, at the time of receiving the sale price from the injured party as above, the Defendant had been in excess of the obligation to pay the construction price for another construction work in the amount of KRW 2.6 billion. From around 2008, the Defendant was unable to pay wages to the employees of the above company, and the Defendant continued to engage in bad credit from around that time to the time of the above crime, and even if the Defendant received the sale price from the injured party, the instant “J” officetel construction was properly carried out and did not have any intent or ability to sell it to the injured party.

Accordingly, the Defendant, by deceiving the victim as above, was transferred from the victim to the Nonghyup Bank account under the name of K to KRW 30 million on December 11, 2012, and KRW 118 million on January 28, 2013, including KRW 88 million on January 28, 2013.

2. On January 23, 2013, the Defendant attempted to build and sell the “J” officetels to the victim L through O and P in the “N Authorized Brokerage Office” office located in Y in Ma in Ma in Ma in order to sell it in lots.

1 The original cause of 90 million won per household is due to the sale of 717 units in the amount of KRW 63 million, the gains from disposal in the normal selling price of KRW 90 million within three months shall be realized.

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